INVESTIGACIÓN E INSTRUCCIÓN EN EL PROCESO PENAL

A favor del imperio de la ley y de las garantías de las partes en la preparación y en la evitación del juicio oral

Abstract

The necessary reform of the penal Spanish process, and specifically of the phase of preliminary procedure or instruction, can be traed from two political very different points of view.
According to one of them one should attribute to the Attorney General’s office or, which is the same thing in the current Spanish situation, to the Executive Power, which should take up office also, at least in the possible thing, the monopoly of the accusation, and with it to be a question to copy models foreign to our one, models who certainly do not assure a penal justice in which there should be guaranteed better the rights of all the persons (defendants, victims).
According to other one, which is supported in these pages, the instruction is something different from the investigation and that one must assume to an organ of the Judicial Power and for independent it, apart from the fact that the Attorney General’s office should never assume any monopoly in the accusation.
The object of the study answers to yes to the idea of that, the necessary reform of our penal process, must not go when foreign models matter and mostly inquisitive, but it must be done from the development of our system and for the way of the effective guarantees; between them that of the oral judgment cannot manage to turn into threat